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Terms & Conditions
- Sensorise Smart Solutions (hereafter3S) is a subsidiary of Sensorise Digital Services that delivers M2M Services by embedding TSP subscriptions in the QoSim Services.
- Certified that the 3S registration certificate under the law is in force on the date on which the services specified in this pro forma invoice is made and that the transaction covered by this proforma invoice will be effected by us, and shall be accounted for, in our turnover.
- It is mandatory for 3S to maintain and submit details of the Customer, Device, Machine, End User and Use Case [e.g. Customer Name, Customer Aadhaar Linked Mobiklie, IMEI, Make, Model, Use Case ,User, Vehicle Registration etc hereafter “Custodian Verification or CV”
- 3S shall complete the CV assessment of the Customer as per the required process, and the Customer shall assist the completion of the CV process by signing a 3S CAF Form (3S KYC).
- Services are delivered from Servers hosted in a data centre in India. Although care is taken towards ensuring reliability, services are dependent on cloud hosting services and connectivity from III Parties. Continuous service cannot be ensured.
- 3S QoSim Applet is installed in a PLUG or SMD Device carrying subscriptions from one or more TSPs. The coverage and availability is no better than the individual uptime and aggregated coverage of the contributing mobile operators.
- Subscriptions from the TSPs are each limited by a validity period & monthly Quota of Data and SMS. Service is offered upon the Customer’s request and confirmation that the validity & monthly Quota is sufficient for the use case. Upon expiry of the service tenure / validity, services shall be suspended, additional fees may be charged, and/or QoSim terminated. Usage in excess of the Subscription Quota (Data, SMS, Validity, etc ) shall be invoiced to the customer. A late fees of a minimum INR 100 may be charged per instance of delay in payments associated with each QoSim.
- Aggregate Monthly Quota shall be 300 MB, 200 SMS or as per this PI. 3S shall have a right to terminate all services in case the Customer has defaulted on any payment obligation. The Data & SMS Quota is as provided by the TSP. For Dual profile QoSim, unless otherwise specified, the overall Quota has 90% of Quota contributed from the Primary Subscription, and 10% Quota for the Alternate Subscription. At the consumption of the Data Quota, one or more of the following may occur: connection may be interrupted, speed may be throttled to 1 Kbps or overages charged for. If overages are charged by the TSP due to usage in excess of the monthly plan/quota by the Customer, such charges shall be Invoiced to and paid by the Customer. Bootstrap subscription shall be activated at the time of delivery of the cards for a maximum tenure of 0 Months. Bootstrap Subscription shall be terminated on receipt of request for commercial subscription activation or 0 Months from the date of delivery of cards. At the time of termination of Bootstrap Subscription, the commercial subscription validity period will commence and remain valid for a tenure of 12 Month unless renewed before the expiry of validity of commercial subscription.
- Service shall start from the date of first activation of a Subscription and shall be valid for 12 Month from that date, unless otherwise communicated by 3S in writing. 3S has the Customer’s approval and right to activate the Subscriptions at the earliest date after the Payment / Invoice Date.
- 3S shall support the Customer using online helpdesk with email / chat facility. The helpdesk shall operate on all working days, within business hours. Support cases for Certified Devices shall be responded in 4 hours.
- Manufacturing or field failure shall be addressed as per the manufacturer warranty terms, evidence of physical damage shall nullify warranty and support.
- Support in relation to TSP issues shall be as per the support process and service levels offered by the TSP.
- Testing, Acceptance, Ordering, Delivery, Services, Support, Prices, Invoicing and Payments shall be as per the Agreement between Parties. Under no circumstances shall 3S be liable for any support or warranty of the device using the QoSim is not tested and certified as per the Sensorise Certification Guidelines.
- 3S Offers Subscriptions as it receives them from Mobile Operators. Any changes in Policies, Regulations, Prices, Taxes and Terms that are binding on 3S shall also be binding on the Company. In case a new profile / IMSI is required to be downloaded to the QoSim, a fresh quotation for the new TSP profile along with profile / IMSI download fees shall be provided.
- 3S retains the right to discontinue the services if any government action, order, policy requires it to do so, or if the information provided by the Customer is found to be incorrect. No refunds shall be processed in either case.
- Delays on accounts of Customs / Mobile Operators are outside the control of 3S. Prices for QoSim Services, KYC Service and other Software and Hardware are valid subject to the Company’s fulfilment of its responsibilities, prerequisites and payment obligations. Any changes in Pricing / Terms / Service mandated by TSP and/or government authority that is binding on Sensorise will also be binding on the Customer. Force Majeure conditions shall apply, refunds are only possible where the corresponding refunds can be procured from TSP/MNO. Sensorise retains a right to provide the next best available network in case Services are interrupted from a TSP/MNO.
- In case of OE fitment, as per 25th Oct’18 Code of Practice Notification by MoRTH, S.O. 5453E, “VLT device manufacturers or their authorized dealers shall provide comprehensive warranty/maintenance support for the VLT device and facilitate cellular connectivity for a minimum period of two years for new public service vehicles and one year for other vehicles.” Therefore the Fees for Year 2 will be paid upfront at the time of first activation so that prices and services for the second annual period can be retained uninterrupted/unchanged. Where there is a shortfall of tenure to meet an annual committed validity on an existing Commercial Service Plan, Monthly Topus shall be provided at rates published at the time, as per TSP.
- The Customer Change Order must be uploaded on the SenseLCM Portal for Bootstrap / Commercial activation as per the timelines specified in this PI, services are liable to be terminated in case of default without further notice. Renewals must be paid 15 days prior to the expiry of the service tenure. At the end of the service tenure, subscriptions that are unpaid or not renewed shall be retained for 1 Month, followed by automatic termination. Termination shall render the QoSim services unuseable, the UICC SIM shall require to be changed with a new one. If the Subscription is renewed late, after the end of the service tenure, the new tenure of the subscription shall start from the original start date of the renewal period. Unless the Customer has terminated the subscription by upload of a Termination CCO, Suspension Period Charges together with a Late Fees of INR 100 Late shall be Invoiced and paid by the Customer for each QoSim Service.
- As per 25th Oct’18 COP Notification by MoRTH, S.O. 5453E, “VLT device manufacturers or their authorised dealers shall provide comprehensive warranty/maintenance support for the VLT device and facilitate cellular connectivity for a minimum period of two years for new public service vehicles and one year for other vehicles.” Therefore Year 2 Fees will be paid upfront by VLT device manufacturer at the time of first year commercial activation so that services for year 2 will not be on put on hold because of non-fulfilment of payment term and comply to MoRTH instruction.
- KYC Indemnity: Parties acknowledge that the Embedded SIM and its issuance is governed by Government Policy. Pursuant to the requirements of the DoT ESIM guidelines released on 16th May 2018 (Ref no. 800-09/2010-VAS-III) and any modifications thereto from time to time, the Company undertakes that it will conduct the KYC as per DoT specified norm and provide to 3S the required Custodian Verification Information in relation to the use of the QoSim Services.
- The Company further undertakes that it will keep the QoSim Services issued by 3S under this Agreement under its control, and shall remain responsible for informing 3S within 7 days in case of a transfer of ownership of the Machine / Device in which the QoSim services are embedded, supplying the details in the format requested by 3S including but not limited to the IccID of the SIM, IMEI, AIS 140 registered Unique Device ID, Serial No of the IoT / VLT Device, Registration number of the Vehicle / Machine, Name, Address and the Aadhaar Linked Mobile number / e-Vaahan registered mobile number of the new owner / custodian. Should there be any liability or damage to 3S on account of improper information or documentation regarding Custodian Verification Information that is supplied by the Company / Company’s Customer or due to inadequate information from the Company / Customer, the Company will pay 3S the full extent of the damages incurred from any such liability. All such connections will be summarily disconnected at the cost and expense of the Company ordering the QoSim Services.
